5 Considerations for Hospitals Facing Union Organization
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5 Considerations for Hospitals Facing Union Organization Written by Molly Gamble May 27, 2011 The healthcare industry seems to be bucking a national trend of declining unionization. Some workers apparently find union membership more attractive when they are concerned about job security or working conditions, two issues that emerged in the recent economic downturn when hospitals had to deal with tightened budgets. The number of healthcare workers who are members of unions or covered by a collective bargaining agreement has increased to nearly 1 million in 2009, or approximately 12.9 percent of non-physician healthcare workers, according to the Bureau of Labor Statistics. In the past six months alone, delayed contract negotiations have occurred and strikes planned at major institutions such as University of Chicago Hospital, Tufts Medical Center in Boston and Kaiser Permanente's Kaiser Los Angeles Medical Center, indicating a disruptive trend not restricted to one region. The nation's largest healthcare unions, such as California Nurses Association and Service Employees International Union, have been working to secure neutrality deals with large hospital chains, such as Nashville, Tenn.-based Hospital Corporation of America. HCA signed a neutrality agreement with the unions, allowing the organization of workers at 20 of the system's hospitals, in April 2010. Kevin Troutman, JD, chair of the national healthcare practice at Fisher & Phillips, LLP, says unions remain focused on organizing healthcare workers, but most hospitals prefer to remain non-unionized. "In the absence of some compelling reason to be the contrary, most hospitals prefer to maintain union-free status," says Mr. Troutman. Employers cannot decide whether employees unionize or not, but they can point out disadvantages to unionization and take certain steps to reduce the disruption caused by organizing activities. "One of the most effective steps hospitals can take is to ensure effective, responsive communication programs showing that unionization is unnecessary," says Mr. Troutman. This is a threshold decision because it will likely determine whether or not hospital workers will be represented by a union. Here are five more key considerations for hospitals to consider in regards to unions: 1. Neutrality agreements present risks, but may help hospitals plan for organizing activity ahead of time. Hospitals may be able to avert some distractions caused by union campaigns by striking a so-called "neutrality agreement," or a contract between a union and an employer under which the employer agrees not to oppose a union's attempt to organize its workforce. Such agreement s come in several different forms, but in exchange for employer neutrality, unions may agree to tell the hospital when it will conduct organizing activit ies. The union may also agree to refrain from instigating negative publicity campaigns against the hospital or from trying to organize workers at certain other hospitals in the same system. "When a union campaign is going on, it attracts considera ble attention. The process is time-consuming and usually creates tension among employees," says Mr. Troutman. Negative public campaigns against the hospital or system may hurt the organization or even affect regulatory or other important activities. Some hospitals may prefer to know if and when a union organizing campaign is coming as opposed to not knowing. This allows the hospital to be proactive. "This depends on the agreement that the union and the hospital can reach," says Mr. Troutman, who admittedly does not favor or recommend neutrality agreements. "Whether or not to enter a neutrality agreement is something each hospital or system has to decide, based 1 / 3
